Terms of Service Agreement
Thank you for using DM-ToolKit.
You must be at least eighteen (18) years old and able to enter into contracts.
Please read these terms carefully. By visiting one of our websites and accessing the information,
resources, services, products, and tools we provide, you understand and agree to accept and
adhere to the following terms and conditions as stated in this policy (hereafter referred to as
DM-ToolKit (“DM-ToolKit” or the “Service” or “We” or “Us” or “Our”) provides email
marketing services offered through various domains (we’ll refer to it as the “Website”,
“Websites”, or “Service”) that allows you to create, send, and manage email newsletters (each
message is called an “Email” o “Newsletters”) to individual recipients.
DM-ToolKit has employees, independent contractors, and representatives (“our Team”). As a
customer of the Service or a representative of an entity that’s a customer of the Service,
and conditions under which you’re allowed to use DM-ToolKit, and how we’ll treat your account
while you’re a Member. If you have any questions about our terms, feel free to contact us.
order to explain in detail how we collect, manage, process, secure, and store your private
You agree to indemnify and hold harmless DM-ToolKit and its parent company and affiliates, and
their directors, officers, managers, employees, donors, agents, and licensors, from and against
all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from
any claims resulting from the use of the service which damages the subscriber or any other
Spamming is strictly prohibited. Importing or in any way using purchased leads with an account on
our service is strictly prohibited. If you paid money or in any way purchased a group of
pre-existing leads these may not be used with our service. This includes co-registration
services, “safe lists” or any type of free leads given to you. Only people that have
specifically requested information directly from you may be emailed through our service.
We may view, copy, and internally distribute content from your Emails and account to create
algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find
Members who violate these Terms or laws. For example, We study data internally to make our Email
Genome Project smarter and create better experiences for senders and subscribers.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of
our website and Resources with or without notice and for any reason, including, without
limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity
may be grounds for terminating your relationship and may be referred to appropriate law
enforcement authorities. In case of DM-ToolKit, we can suspend your DM-ToolKit account if
the complaint rate or the bounce rate is more than certain percentages. Upon suspension or
termination, your right to use the Resources we provide will immediately cease, and we reserve
the right to remove or delete any information that you may have on file with us, including any
account or login information.
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid
credit card information and authorize us to deduct the monthly charges against that credit card.
You’ll replace the information for any credit card that expires with information for a valid
one. Anyone using a credit card represents and warrants that they are authorized to use that
credit card, and that any and all charges may be billed to that credit card and won’t be
rejected. If we’re unable to process your credit card order after some retries, we’ll try to
contact you by email and suspend your account until your payment can be processed. For continued
service, your account is automatically charged for the amount due on monthly, yearly or on the
basis of specific services.
All subscription plans and all pricing are subject to change at any time.
We’ll give you a refund for a month if we stop providing our Services to you for a reason that’s
not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from
us under any other circumstances. NO REFUND WOULD BE GIVEN IF your account is suspended because
of spamming or other related issues, or you do not follow our Terms of Service & Acceptable Use
Policy, or you do not request for cancellation of your account prior to the date of payment
irrespective of whether or not you’ve been using the services.
An account cannot be transferred or used by anyone other than the subscriber. Accounts which have
been transferred to other parties, or show other activity in violation of this paragraph, are
subject to immediate cancellation.
DM-ToolKit shall have the right to suspend service to the subscriber at any time, and for any
reason, without notice. If such a suspension is to last for more than 18 days, the subscriber
will be notified as to the reason.
Service provided by DM-ToolKit may be cancelled in writing at any time with no penalty.
Customer unit name and password must be included in the cancellation request. Cancellation will
take effect only when the receipt of the cancellation request is confirmed by DM-ToolKit.
DM-ToolKit exercises no control whatsoever over the content of the information passing through
DM-ToolKit. All leads (email addresses) generated by subscriber are held strictly
confidential. The leads are never released to any other parties for any purpose. The lead
information is only used on DM-ToolKit’s servers to deliver the follow up messages designated
by the subscriber.
Customers are prohibited from transmitting on or through any of DM-ToolKit’s services, any
material that is, in DM-ToolKit’s sole discretion, unlawful, obscene, threatening, abusive,
libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give
rise to civil liability, or otherwise violate any local, state, national or international
DM-ToolKit is committed to respecting intellectual property rights. If you identify
copyrighted material that belongs to you posted without your permission to our Website or sent
through the services please follow the directions below to let us know. All related emails
should be sent to: support@DM-ToolKit.com and the subject of your communication should be: DMCA
Takedown Request. Your notice must include all relevant information including a physical or
electronic signature of someone authorized to act on behalf of the copyright owner.
DM-ToolKit makes no warranties of any kind, whether expressed or implied, for the service it
is providing. DM-ToolKit also disclaims any warranty of merchantability or fitness for a
particular purpose. DM-ToolKit will not be responsible for any damage suffered. This includes
loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions
caused by DM-ToolKit’s negligence or the subscriber’s errors or omissions. Use of any
information obtained via DM-ToolKit is at your own risk. DM-ToolKit specifically denies
any responsibility for the accuracy or quality of information obtained through its services.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR
DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR
DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH
OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE
STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a
court law, the legality, validity and enforceability of the remaining provisions of this
agreement shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the State of Delaware and the United States.
These Terms and Conditions supersede all previous representations, understandings or agreements
and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
Use of DM-ToolKit’s service constitutes acceptance of these Terms and Conditions.
Thanks for taking the time to read our Acceptable Use Policy.
This agreement is in effect as of Jan 15, 2018.